General Immigration Information offered as a community service by the Immigration Lawyers of Attorney Referral Service
U.S. Immigration Law is federally mandated. The Immigration and Nationality Act of 1952 (INA) defines an alien as any person who is not a citizen or a national of the United States. U.S. Immigration Law makes a determination as to whether an individual is an alien, and covers the legal rights, duties, and obligations associated with being an alien in the U.S. The law also encompasses the processes by which certain aliens can gain legal residence in the U.S., or become naturalized citizens with full rights of U.S. citizenship. It regulates entry into the U.S. borders, addressing which persons may enter, how long they may stay and when they must leave.
U.S. Immigration Laws are located in Title 8 of the U.S. Code. Because they are federal, immigration laws are generally uniform across the United States. Although States do have limited legislative authority regarding some aspects of immigration; 28 U.S.C. § 1251 details the full extent of state jurisdiction. The Congress has complete authority over U.S. Immigration. The President’s power is limited to refugee policy, and the courts will generally not become involved in immigration issues unless constitutional rights are involved. There are several U.S. agencies responsible for enforcing U.S. immigration law. In 2003, the Department of Homeland Security opened, replacing the INS. Within this department, three different agencies now handle the duties formerly held by the INS: Immigration and Customs Enforcement (ICE), which handles the INS’s naturalization, asylum, and permanent residence functions; U.S. Citizenship and Immigration Services (USCIS), which handles the INS’s naturalization, asylum, and permanent residence functions; and U.S. Customs and Border Enforcement (CBE), which handles the INS’s border patrol duties. The U.S. Department of State (DOS) manages consulates and embassies around the world.
Types of Visas — there are several types of visas available under U.S. Immigration Law. Our Immigration lawyers can help
• B-1 Visa: A business visa (B-1 Visa) permits a visiting non-immigrant who is the proprietor of a business valuing at least 150k US dollars entry into the United States. Business visas can also be awarded to non-citizens who possess assets and monies exceeding 1M US dollars in value.
• B-2 Visa: The B-2 Visa is known as the business tourist. This form of visa allows a non-citizen to enter the United States for a set duration of time within the realm of a business venture, endeavor, or activity. Travel, visitation, sight-seeing, or participating in business trips or meetings are permitted through the issuance of this visa.
• E1 Treaty Trader: This type of visa allows the applicant to enter the United States in order to participate in investment opportunities, as well as commercial ventures. The underlying commercial activity must include at least 50% involvement with the United States, and at least 51% must involve equity finances involving the United States as well.
• F1 Visa: The F1 Visa is a student visa and allows non-US citizens to enter the United States in order to study and/or attend an accredited educational facility. Internship programs and placement programs are also permitted.
• H1B/H2B Employment Visa: These types of visas are the most basic forms of employment visas in the United States. These visas can be granted to individuals who possess special skill sets and degrees who wish to be employed in the United States.
• J-1 Visa: The J-1 visa allows a non-citizen to enter the United States in exchange for an American citizen who wishes to enter that same country of origin. The exchange process must be approved by both the USCIS as well as the governing body of the participating nation.
• K-1 Fiancé Visa: The K-1 visa is known as the fiancé visa. This form allows a non-citizen– whom has chosen to marry an American citizen–to enter the United States for a period not exceeding 90 days in order to be married in the United States.
• US Work Visa Application: A US work visa allows a non-citizen the opportunity to seek gainful employment in the United States of America. Held separately from the H1B visa, the recipient of a US Work Visa does not need to possess a special skillset or accredited degree.
Attorney Referral Service of Florida and Georgia has immigration Lawyers in Miami, Boca Raton, Orlando, West Palm Beach, Tampa, Fort Lauderdale,Hollywood, coral Springs, Clearwater, St Petersburg, Jacksonville, Sarasota and Fort Myers, Winterhaven, Dade, Broward, Palm Beach, St. Lucie, Osceola, Orange, Lake, Volusia, Polk, Duval, Martin, Seminole, Pasco, counties and thru-out Florida.
Our Georgia Immigration Lawyers have offices in Macon, Valdosta, Marietta, Atlanta, Augusta Jonesboro, Decatur, Gainesville,and Roswell.
Attorney Network Immigration Attorneys of Washington D.C., New York, California, New Jersey, Colorado, Tennessee, Texas, Arizona, Massachusetts, North and South Carolina and Michigan